Roberts v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of murder and assessed his punishment at sixty years imprisonment. The Court of Appeals affirmed this conviction. Roberts v. State, 763 S.W.2d 443 (Tex.App.—El Paso 1988). After initially refusing appellant’s petition for discretionary review, we granted the petition on appellant’s motion for rehearing to review the Court of Appeals’ finding that the parole instruction included in the charge in accord with Article 37.07, § 4(a), V.A.C.C.P., did not contribute to the punishment and was harmless under…